G.9. 84
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XCR (80)133
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Proposed new section 111B enables the owners of a private street to propose to the relevant Authority a name of the street on their land if it has not been named or a change of name that is in use, following the existing administrative practice. However, it further enables the Authority either to accept or refuse the proposal submitted to it. Where the Authority refuses to accept the proposal submitted the reasons for its decision must be served on the applicants. An appeal against the decision of the Authority by way of petition to the Governor-in-Council is also provided and the decision of the Governor- in-Council shall be final. This new section aims to avoid the bringing into use of private street names which are unacceptable to the Authority for reasons other than their conflict with the guiding principles laid down in the Urban Council Policy Manual on Street Naming.
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Proposed new section 111C enables the Authority to name any new street or change the name of any street that has been named. The application of this section in respect of public streets follows existing procedures. Its application in respect of private streets is to cater for the eventuality of owners of new private streets failing or delaying to submit proposals. This new section requires the Authority to give prior notice of its intention to change street names. Objection to the proposal is provided for under subsection (4). This is important in view of the wide-ranging implications of changes in street names to the people directly involved, to the postal service and to the various legal documents making references to street names. An appeals procedure to the Governor-in-Council is also provided under subsection (6). No objections procedure is provided for the naming of new streets under subsection (1)(a) as the above implications do not arise and as consultation with local people will have been undertaken before names are gazetted.
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Proposed new section 111D aims to empower the Authority to put a stop to the confusion caused by owners of private streets displaying unofficial street names alongside the official gazetted
names.
Consultation
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The proposals contained in the Bill have not only been discussed within Government but both the Urban Council and the Heung Yee Kuk have also been consulted. Reaction has been favourable and no practical difficulty is envisaged in the implementation of the proposed legislation.
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